LJU4801 - Legal Philosophy ASSIGNMENT 1 MEMO 2022. ASSIGNMENT 01 UNIQUE NUMBER: DUE DATE: 24 2022
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can...
, ASSIGNMENT 01 UNIQUE NUMBER: 666563 DUE DATE: 24 2022
For this assignment, you need to read the following article and answer the
questions. The article can be found under Prescribed reading folder.
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43
(1) Journal for Juridical Sciences 1 – 25.
1. Give a concise summary of the author's viewpoint. Make sure you
concentrate on legal philosophy and not so much legislation. (Max word
count 200.) (5)
Tsele deliberates the relationship and apparent tension between a Judge’s duty to apply
the law in a fair and impartial manner and his or her own personal right to freedom of
religion, and the extent to which those religious views might influence a Judge in the
adjudication of disputes.1
According to Tsele, ‘this dictum illustrates that the limitation to Judges expressing their
social views is narrowly interpreted and will, in most instances, be limited to situations
that involve the adjudication of cases’.2
Certainly, what should be clear on a conspectus of all of the above is that a Judge is a
citizen, entitled to hold religious views and entitled to freely express him or herself so long
as it does not compromise the discharge of his or her judicial duties.
1
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
1- 25.
2
Tsele M “Rights and religion; bias and beliefs: Can a judge speak God?” (2018) 43 (1) Journal for Juridical Sciences
page 9.
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